Letter For Settlement Of Claim: Fill & Download for Free

I had a very bad experience and would definately not recommend any one to buy insurance policy the Apollo. This company is happy to charge you fees yearly but when it comes to settlement of claims they try to find stupid mistakes and not process the claims. Completely against the customers right rather New India Life Insurance (my earlier policy) was far better and easy for processing the claims and even settlement. I regret my decision of porting to Apollo. Such type of claim and behaviour of the company towards its customer should be highlighted such that the other innocent people who work hard n earn money ..their money is not siphon by the Apollo Munich.I had ported my policy in Dec 2018 from New India Life Insurance to Apollo. Then i had make a claim for settlement of the treatment of my mother, the company paid the first and second settlement amount and rejected all claims after than .. for simple stupid reason — the company then issues me a letter that the policy has been cancelled ab-inito. The company gave no chance to us to respond and cancelled the policy.. since the amount of premium paid till date was less than the amount claim.. Just route adopted by the company is not ethical. I request the general public to please be careful of such fraud which you may also face if opted or ported to Apollo Munich .. think twice before u choose a Policy in Apollo. I would not want any one else to suffer due to this.

Generally, it is not extortion. However, a settlement demand can cross the line from perfectly acceptable to extortionate and there have been cases dealing with that very issue. Pre-lawsuit demand letters often offer a settlement (release of claims) in exchange for some payment, which would be handled outside of court before a lawsuit is ever filed and they are perfectly proper.Flatley v. Mauro is one of the leading California cases on the subject where a demand for settlement was deemed to have crossed the line. I drafted an amicus brief on behalf of a number of individuals and institutions that was filed in this case, Malin v. Singer, if you want to read more. The reported decision (which is what that url points to) discusses the issue, but if you want the amicus brief, I'll see if I can post it somewhere.

These people are trying to intimidate you into ignoring the damage that their kids did. They know that you have incontrovertible proof that their kids committed malicious mischief or vandalism, and they are liable for the damage.If they do not voluntarily pay the full cost of having a carpenter repair your window, plus the cost of the glass, plus the cost of a painter to touch up the window, then you can take them to court. You can sue them for all of that, plus the costs of court and legal assistance, plus damages to your peace and well-being.Before you confront them, make sure you have several copies of your security video stored in a safe place in good condition (perhaps on DVD). Home systems may delete videos as recent as 2 days, so your evidence could disappear before you go to trial.[1] Be sure to (a) test these copies to make sure the video plays correctly, and (b) see if you can get video of all case-related interactions — both the kids breaking the glass and the parents coming to your front door. Without this evidence, it’s your word against theirs.They will have no defense, certainly not saying you had no right to photograph their children. Of course you had that right, to photograph anyone on your porch, and in particular someone damaging your home. The Judge will not even let them get through making that complaint before he cuts them off.In my opinion, you should phone your neighbor and tell him what you think the costs will be, and tell him to pay you immediately or you will carry the matter further, which will be even more costly for him. He will probably scoff at you, even shout out some threats, and hang up.After that, hire the carpenter and the glazier and the painter, and get your house repaired. Send your neighbor a registered letter, for which he will have to sign a document showing he has received it. In the letter tell him that since he refused to speak with you to settle the damage his children did, you have gotten it repaired. Enclose copies of the bills, and tell him that he has ten days to pay you, or you will take legal action against him.He will ignore your letter, or will call you and do a great deal of screaming and shouting and calling you names and making threats. Don’t agree with him. When he finally quiets down, ask him again to come over and pay you. He will again become incensed, and slam down the phone.On the 11th day, have him served with a lawsuit for all the damage done to your home, plus legal costs, plus damages to you and your wife — say, in the amount of $5,000. Your lawyer will advise you of the amount of damages you should seek.That will get action. Your neighbor will probably decide he needs to hire a lawyer (which he should), and the lawyer will file an answer to your suit. Then there will be a period of time for Discovery. The matter may then be referred to a court officer for arbitration, and the arbitrator will recommend a settlement which you may or may not choose to accept. If you and the neighbor accept the recommendation, it will become binding.If you, or (ridiculously) the neighbor rejects the arbitration recommendation, there will be a Settlement Conference with the Judge. He will decide whether your complaint and evidence, or the neighbor’s defense, is likely to be upheld in a trial. Obviously, he will tell the neighbor that his is going to lose, and the Judge will recommend a settlement figure. That will be higher than the Arbitration figure.If your neighbor insists on going to trial, his legal fees and your legal fees will go up still higher. You will win 100% in the trial, and your neighbor will have a judgment against him for several thousand dollars.He could appeal, making another delay, but the judgment will be upheld and will likely be increased by your additional legal fees.When his appeal is exhausted, your lawyer will use the judgment to get a lien on your neighbor’s house. That will, among other things, affect his credit rating and his ability to get loans, such as a car loan. You would have to wait until your neighbor sells his house, which may be years away, but you will then receive thousands of dollars at the time of closing. That will be a prior claim on the money paid by the buyer, with only any unpaid taxes ahead of you.As you see, at every stage that your neighbor rejects making a settlement, the eventual cost to him will jump higher and higher.And your film of his kids doing the damage, rather than being something illegal, will be your principal asset in assuring the judgment will be lodged against your neighbor.Also, his attempted defense — that you filmed his children — will in fact seal his fate. Don’t argue with him about the film. Get him to state that it definitely shows his kids (because if it didn’t, he would not have any complaint against you). By his acknowledging that the photos show his children, he is guaranteeing that he will be found liable for the damage.Follow-up Edit:Several comments suggested trying to settle this with the neighbor before taking the matter to court, or else just handling it through small claims court.Those who objected to taking legal action should re-read the answer. Note that I suggested several steps of trying to settle the matter informally, in the last of which I suggested warning him of legal action if he did not pay for the damage.Going to small claims court would lead only to a small monetary judgment against the neighbor, which he would undoubtedly sneer at and then ignore. Trying to collect such a judgment is next to impossible.That is why one should file a major lawsuit for damages. As stated in the original answer, if the court grants those damages, the plaintiff can then collect via a lien against the neighbor’s house. And yes, this would be an enormous over-reaction to a small property damage matter. One would do it only if the neighbor repeatedly refuses to take responsibility and pay for his kids’ criminal mischief.The guy could avoid going to court, by offering a settlement prior to trial. Undoubtedly that is what his lawyer would urge him to do, and of course one would immediately accept that to end the matter. In the case, the neighbor’s intransigence would cost him paying out a settlement of, say, $1,000 or $2,000, instead of just paying the $200 or $300 to repair the window.The whole point is that one should not allow someone to bluster and deny responsibility in such a situation, and to get away with that. Among other things, that would teach his kids that they can get away with wrong-doing, just by intimidation of their victim.Nor should this be treated as a behavioral problem with the kids, having them picked up by the police and in the end just put on probation by some busy judge. All that would teach them is just not to get caught. Making the father pay for the damage (or pay even more due to his forcing an escalation of the matter) would almost certainly lead the father to making sure those kids would not get into any further mischief. Perhaps by applying some methods of discipline that some of us would not approve of.Footnotes[1] On average, how long do establishments that use security cameras keep the footage before erasing it? Do they erase it?